Amendments proposed to the Hunting Bill, As Amended - continued House of Commons

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Utility test: additional considerations (No. 3)

   

Mr Peter Luff

Lembit Öpik
Kate Hoey

NC5

To move the following Clause:—

       'In applying the first test for registration, the registrar shall, in addition to the factors in paragraphs (a) to (h) of section 10(2), consider whether alternatives to the proposed hunting of wild mammals with dogs may have consequences for domestic or protected animals.'.


Fallen stock

   

Mr James Gray
Mr Henry Bellingham
Mr Edward Garnier
Mr James Paice
Mr Peter Atkinson [R]

NC7

To move the following Clause:—

    '(1)   This Act shall not come into force until the Secretary of State has by order made a scheme for the collection and disposal of infirm, diseased and dead agricultural animals (in this section referred to as "fallen stock") which would have been collected by hunts but for the enactment or coming into force of this Act.

    (2)   A scheme shall regulate—

      (a) the method of the collection and disposal of fallen stock,

      (b) procedures for the notification to the Secretary of State of the whereabouts of fallen stock and the requirements for its prompt collection and disposal, and

      (c) any charges which may be imposed for collection and disposal of fallen stock, provided always that such charges shall meet the cost of the scheme and no more.

    (3)   In order to fulfil his obligations under subsection (2) the Secretary of State may appoint agents to act on his behalf on a regional or national basis.

    (4)   A scheme under this section shall apply in all of England and Wales.

    (5)   Before making a scheme under this section, the Secretary of State shall consult such persons as appear to him to be likely to have an interest in such a scheme and such organisations as appear to him to represent such persons.

    (6)   The Secretary of State shall publish widely in appropriate journals the details of any scheme under this section.

    (7)   An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.'.


Hares (research)

   

Mr James Gray
Mr Henry Bellingham
Mr Edward Garnier
Mr James Paice
Mr Peter Atkinson [R]

NC8

To move the following Clause:—

    '(1)   Not later than three months after the date on which this Act is passed the Secretary of State shall by order make a scheme for research, over a five year period, into the hare population, especially in areas where the hare was protected for coursing and hunting, with a view to making recommendations as to the achievement of the Hare Biodiversity Action Plan.

    (2)   The Secretary of State shall publish the scheme and place a copy in the Library of both Houses.

    (3)   An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.'.


Cross-border hunting

   

Mr James Gray
Mr Henry Bellingham
Mr Edward Garnier
Mr James Paice
Mr Peter Atkinson [R]

NC9

To move the following Clause:—

    '(1)   A person does not commit an offence if he hunts a wild mammal with a dog and his hunting of that mammal begins in Scotland and is not prohibited by the provisions of the Protection of Wild Mammals (Scotland) Act 2002.

    (2)   A person does not commit an offence if he hunts a wild mammal with a dog in England only incidentally in the course of a hunt which begins and ends in Scotland.

    (3)   A hunt begins in Scotland if the pursuit of the wild mammal begins in Scotland and that hunting is conducted in accordance with the provisions of the Protection of Wild Mammals (Scotland) Act 2002.

    (4)   A hunt ends—

      (a) when the wild mammal is killed, or

      (b) by a decision to stop hunting,

       and no offence is committed if the hunt begins in Scotland and the wild mammal is killed in England.'.


Conditions of registration

   

Mr James Gray
Mr Henry Bellingham
Mr Edward Garnier
Mr James Paice
Mr Peter Atkinson [R]

NC10

To move the following Clause:—

    '(1)   Registration is subject to the conditions specified in this section.

    (2)   In this section "the licensee" means any person who is entered in the register; and "the licence" means the conditions of registration.

    (3)   The licence and its constraints shall extend to group officials and mounted and dismounted followers and to spectators who are members of the group or club. The licensee shall use reasonable endeavours to ensure that they comply with the terms of the licence.

    (4)   The licensee may only enter land to exercise the terms and conditions of this licence where he has obtained prior permission to do so from the individual or organisation that is legally responsible for the granting of such permission. On any occasion on which dogs stray onto land where there is no landowner's permission, the licensee will use reasonable endeavours to withdraw them as soon as practicable.

    (5)   The licensee will use reasonable endeavours to ensure that adequate and proper arrangements are made to protect the safety of participants, followers and any others who accept the authority of the licensee.

    (6)   The licensee will use reasonable endeavours to ensure that statutory law and relevant byelaws are observed in proper exercise of the licence. In particular the licensee will take reasonable care—

      (a) to prevent disturbance to agricultural livestock;

      (b) to prevent disturbance to other users of the land;

      (c) to ensure that the fences, gates, tracks and other appurtenances over which the licence is exercised are left in good order to the satisfaction of this landowner; and

      (d) to ensure compliance at all times with any statutory requirement relating to the protection or welfare of all animals.

    (7)   The licensee will use reasonable endeavours to ensure that group members, followers and spectators are fully aware of the terms of the licence including any instructions to minimise damage to property and disturbance to other wildlife, legitimate users of the countryside or neighbouring residents.

    (8)   The use of firearms is prohibited, with the exception of those firearms used for the humane destruction of wild animals.

    (9)   The digging out of wild mammals is only permitted for the purposes of wildlife management and with the express permission of the landowner or person with legal authority to exercise such permission; except where the wild mammal is injured or sick, when it may be dug out and humanely destroyed. In the event of a sick or injured mammal being dug out without the landowner's permission, the licensee must keep a written record that explains the justification for so doing.

    (10)   The licensee will submit a written report to the registrar within thirty days of the final fixture under the terms of this licence detailing—

      (a) the number of days on which licensed activities occurred;

      (b) the number of the hunted mammals seen or disturbed;

      (c) the number of the hunted mammals chased;

      (d) the number of the hunted mammals killed; and

      (e) any records pertaining to digging out under subsection (9).

    (11)   The registrar will undertake the monitoring of activities, and from time to time may appoint officers to attend fixtures, in order to ensure compliance with the terms of the licence. The licensee will ensure that full co-operation is given to the appointed officers.

    (12)   The licensee will indemnify any third parties against any loss or damage, injury or death arising from the exercise of the licence. Groups and clubs will during the period of the licence maintain an insurance policy with a reputable insurance company to an amount of not less than £5 million, in respect of any one claim. The amount of such insurance shall not limit the liability of the licensee. The licensee will produce the said insurance policy and receipt for the premium paid not more than 14 days after the issue of the licence.'.


   

Secretary Margaret Beckett
Alun Michael

47

Page     1,     line     9     [Clause     2],     after 'registered', insert 'for the purpose of pest control'.

   

Secretary Margaret Beckett
Alun Michael

48

Page     1,     line     13     [Clause     2],     after 'registered', insert 'for the purpose of pest control'.


   

Secretary Margaret Beckett
Alun Michael

49

Page     2,     line     3     [Clause     2],     after 'registered', insert 'for the purpose of pest control'.

   

Mr James Gray
Mr Henry Bellingham
Mr Edward Garnier
Mr James Paice
Mr Peter Atkinson [R]

45

Page     2,     line     36,     leave out Clause 8.


   

Mr James Gray
Mr Henry Bellingham
Mr Edward Garnier
Mr James Paice
Mr Peter Atkinson [R]

38

Page     3,     line     19,     leave out Clause 10.

   

Mr James Gray
Mr Henry Bellingham
Mr Edward Garnier
Mr James Paice
Mr Peter Atkinson [R]

2

Page     3,     line     36     [Clause     10],     at end insert '; or'.

    ( )   will contribute towards—

      ( ) the sustainable management of the quarry species;

      ( ) the enjoyment of sport and recreation;

      ( ) the preservation of the landscape;

      ( ) the rural economy;

      ( ) vermin control;

      ( ) habitat protection;

      ( ) the sustainable development of the area (within the meaning of the Rio Declaration on Environment and Development 1992); or

      ( ) the interests of avoiding or preventing the spread of disease; or

    ( )   is for the purpose of obtaining food for animal or human consumption.'.

 
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Prepared 30 Jun 2003